I would be most grateful if anyone could help me with advice and the correct information. It's a bit of a saga but the short story is that my granddaughter is working in a pharmacy as an assistant and has been enrolled on a NVQ by her employers. Her parents were pleased about this as employment in a rural area is very difficult to come by and the bonus of gaining a qualification that would be useful to her in the future was very attractive.
Unfortunately, she has told me that she absolutely detests her employers and they have told her that if she leaves within the next four years she will owe them £3,500, for her NVQ course. I am appalled and part of me is sure that legally they cannot do this. On the other hand I know that this is true of a number of employers, where employees study for courses that will advance their careers. I don't know why however, I just have not heard of this being the case for NVQs, although I will admit to knowing very little about them.
She hasn't long started the course and this clause was not mentioned when she first started. In fact it only came to light when her colleagues started leaving in droves.
Could somebody please spare a moment to advise me if this is normal practice when embarking on an NVQ course. If the employer costs suggested are accurate and if anyone knows if this is a legal approach to employees undertaking an NVQ course.
I am doing the NVQ3 through the NPA and the first year enrolment cost approx £600 and then when I enrolled for the 2nd year of the course it was another £600 approx.
When I embarked on the course I had to sign a disclaimer, each year, saying that I will undertake the whole course and should I leave during it or within a given period after I have finished it then I have to pay back the cost of the course. This I think is normal practise for employers due to the high costs involved.
Not sure about the £3500 cost as it all depends on the course she is on and how many years it takes etc. But she should have signed an agreement saying she would pay it back .... or .... it will be written into her original contract when she started working there.
If she didn't sign anything at the start, it's completely unenforcable, full stop.
I doubt it's £3.5k either, and if they tried to persue it, they'd have to prove the loss. And that (especially if she leaves in the near future) they were unable to transfer the course to another member of staff (that is, remove/reduce their loss).
I'd advise starting to keep a diary of all problems that arise at work NOW just in case it comes to shouting; start with writing down how she started the course and this all came to light. Notes made as near as possible to the time it (whatever "it" is) happened carry much more weight if it does come to any sort of legal battle.
Blimey £3,500 for an NVQ?? Never heard of them being that much before!!! Ask your relative to contact the course provider to discuss the real costs and as other folk have said, how enforceable would this be anyway?? They would have to go through a small claims court and the hassle that would be for the employers would make it a waste of time. I have known many people leave courses halway through and to my knowledge, none of them have ever paid for the course. Can I also ask if the employer is a large multiple or an independant? Your relative could get in touch with the HR dept if it's one of the multiples and maybe change branches!!!!
Sounds like an awful lot of money for an NVQ!
I know when I worked as Cabin Crew for an Airline I had to sign a bond that said if I left before the end of my 9-month contract, then I would have to repay them £600 towards my training, which would be deducted from my final pay slip, but if she hasn't signed any agreement like that, I'm sure it can't stand legally!
I'm on NVQ 3, on my second year with NPA. My course cost just under £600 pounds. This info is available from NPA website. I think they are telling porkies.
In fact I did an NVQ3 costing over 3k, which I paid out of my own pocket. And where did I get with it? Nowhere.
I'd say, if she didn't sign anything, she shouldn't worry.
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